Common use of CUSTOM AND USAGE Clause in Contracts

CUSTOM AND USAGE. 29.1 It is hereby covenanted and agreed any law, usage or custom to the contrary notwithstanding, that Landlord shall have the right at all times to enforce each and every of the terms, provisions, covenants, agreements, undertakings, and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the party of the Landlord in refraining from so doing at any time or times. 29.2 The waiver by Landlord of any breach of any term, provision, covenant, agreement, undertaking, or conditions contained in this Lease shall absolutely not be deemed to be a continuing waiver of any such or of any subsequent breach of the same or any like or differing term, provision, covenant, agreement, undertaking, or condition contained in this Lease. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant to pay the particular rent so accepted, regardless absolutely of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No term, provision, covenant, agreement, undertaking, or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be specifically set forth in writing and signed by Landlord.

Appears in 1 contract

Sources: Lease Agreement (American Capital Holdings Inc)

CUSTOM AND USAGE. 29.1 A. It is hereby covenanted and agreed agreed, any law, usage or custom to the contrary notwithstanding, . that Landlord shall have the right at all times to enforce each and every of the terms, provisions, covenants, agreements, undertakings, covenants and conditions of this Lease in strict accordance with the terms hereof, notwithstanding any conduct or custom on the party part of the Landlord in refraining from so doing at any time or times. 29.2 B. The waiver by of Landlord of any breach of any term, provision, covenant, agreement, undertaking, covenant or conditions condition herein contained in this Lease shall absolutely not be deemed to be a continuing waiver of any such term, covenant or of condition or any subsequent breach of the same or any like or differing other term, provision, covenant, agreement, undertaking, covenant or condition contained in this Leaseherein contained. The subsequent acceptance of rent or partial payment of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rent rental so accepted, regardless absolutely of Landlord's ’s knowledge of such preceding breach at the time of the acceptance of such rent. No term, provision, covenant, agreement, undertaking, term or condition of this Lease shall be deemed to have been waived by Landlord Landlord, unless such waiver be specifically set forth in writing and signed by Landlord.

Appears in 1 contract

Sources: Sublease (NationsHealth, Inc.)